On August 8, 2006, the Michigan Court of Appeals decided the case of Sharp v Art Van Furniture, Inc., affirming a trial court decision to dismiss Mr. Scott’s negligence claim on the ground that a wet condition on the floor of an Art Van was open and obvious. The Appeals Court did not allow oral argument of the case from the parties.I have never considered myself a deep thinker on philosophical matters, legal or otherwise. In fact, I withdrew from a Philosophy of Law class in my undergrad days, telling the professor that I frankly did not see the course as particularly relevant to what I perceived (in my ignorance) to be the modern practice of law. The instructor responded that, in such circumstances, I might want to rethink my plans to go to law school. Over a longish career, and until recently, I have always thought I had the last laugh on him.In addition, I have never considered myself as a fire-breathing zealot on behalf of a particular point of view in my practice. I have worked in the area of personal injury for a good part of my career, doing plaintiff work. Over the past 10 years, I… Read full this story
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